OK
Oklahoma House Bill HB1139

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1139 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 58th Legislature (2021)
3131
3232 HOUSE BILL 1139 By: Fetgatter
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3838 AS INTRODUCED
3939
4040 An Act relating to motor vehicles; defining term;
4141 requiring certain registration; stating certain
4242 license requirements; amending 47 O.S. 2011, Section
4343 11-1116, as last amended by Section 2, Chapter 315,
4444 O.S.L. 2019 (47 O.S. Supp. 2020, Section 11-1116),
4545 which relates to self -propelled or motor-driven
4646 vehicles; making certain exception for street -legal
4747 utility vehicles; amending 47 O.S. 2 011, Section
4848 1102, as last amended by Section 1, Chapter 57,
4949 O.S.L. 2016 (47 O.S. Supp. 2020 , Section 1102), which
5050 relates to definitions; defining term; amending 47
5151 O.S. 2011, Section 1113, as last amended by Section
5252 4, Chapter 208, O.S.L. 2018 (47 O.S. S upp. 2020,
5353 Section 1113), which relates to issuance of
5454 certificate of registration, license plates and
5555 decals; providing for the issuance of license plates,
5656 decals and registration for certain vehicles;
5757 requiring the design and issue of certain temporary
5858 tag; specifying certain tag details and requirements;
5959 requiring proof of in surance; authorizing
6060 promulgation of certain rules and procedures;
6161 amending 47 O.S. 2011, Section 1115.3, which relates
6262 to registration of all -terrain and utility vehicles;
6363 requiring certain vehicles receive certificate of
6464 registration, license plate and yearly issued decal
6565 before certain operation; providing for codification;
6666 and providing an effective date.
6767
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7070 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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9797 SECTION 1. NEW LAW A new section of law to be codified
9898 in the Oklahoma Statutes as Section 1 -171.1 of Title 47, unless
9999 there is created a duplication in numbering, reads as follows:
100100 A. A "street-legal utility vehicle (UTV) " is any motor vehicle
101101 having:
102102 1. A bench seat or side -by-side seat for the use of each rider;
103103 2. Four wheels in contact with the ground, but excluding a
104104 tractor;
105105 3. A combustion engine with a pis ton or rotor displacement of
106106 one hundred fifty cubic centimeters (150 cu cm) or greater and
107107 capable of maintaining speeds of forty -five (45) miles per hour or
108108 greater;
109109 4. For each occupant, safety belts or safety shoulder harnesses
110110 which shall be of a type and shall be installed pursuant to 49
111111 C.F.R., Section 571.208 et seq.; and
112112 5. All equipment required by the provisions of Article II et
113113 seq. of Chapter 12 of Title 47 of the Oklahoma Statutes , with
114114 respect to equipment on vehicles.
115115 B. A street-legal UTV operated on the streets and highways of
116116 this state shall be registered as a motor vehicle.
117117 C. The operator of a street-legal UTV shall not be required to
118118 have an "M" endorsement on the Class D license pursuant to Section
119119 6-110.1 of Title 47 of the Oklahoma Statutes . The operator shall be
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146146 at least sixteen (16) years of age and ho ld a valid Oklahoma driver
147147 license.
148148 SECTION 2. AMENDATORY 47 O.S. 2011, Section 11 -1116, as
149149 last amended by Section 2, Chapter 315, O.S.L. 2019 (47 O.S. Supp.
150150 2020, Section 11-1116), is amended to read as follows:
151151 Section 11-1116. A. The self-propelled or motor-driven and
152152 operated vehicles described in this section shall be prohibited from
153153 operating or shall be limited in operation on the streets and
154154 highways of this state.
155155 B. Self-propelled or motor-driven cycles, known and com monly
156156 referred to as "minibikes" and other similar trade names, shall be
157157 prohibited from operating on the streets and highways of this state,
158158 except:
159159 1. When used in a parade; or
160160 2. When registered, as required by subsection E of Section 1151
161161 of this title, and operated in this state by food vendor services
162162 upon streets having a speed limit of thirty (30) miles per hour or
163163 less.
164164 All minibikes offered for sale in this state shall bear the
165165 following notice to the customer: "This machine is not manufactured
166166 or sold for operation on the public streets or highways. Since it
167167 is not provided with equipment required by law for street or highway
168168 use, all persons are cautioned that any operation of this vehicle
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195195 upon a public street or highway will be in violation o f the motor
196196 vehicle laws of this state and will subject the violator to arrest. "
197197 C. Golf carts and utility vehicles, as defined by Section 1102
198198 of this title, shall not be operated on the streets and highways of
199199 this state except:
200200 1. Golf carts or utilit y vehicles owned by the Oklahoma Tourism
201201 and Recreation Department, and operated by employees or agents of
202202 the Department or employees of independent management companies
203203 working on behalf of the Department, may be operated on the streets
204204 and highways of this state during daylight hours or under rules
205205 developed by the Oklahoma Tourism and Recreation Commission, when
206206 the streets and highways are located within the boundaries of a
207207 state park. The Department shall have warning signs placed at the
208208 entrance and other locations at those state parks allowing golf
209209 carts or utility vehicles to be operated on the streets and highways
210210 of this state located within the boundaries of those state parks.
211211 The warning signs shall state that golf carts and utility vehicles
212212 may be operating on streets and highways and that motor vehicle
213213 operators shall take special precautions to be alert for the
214214 presence of golf carts or utility vehicles on the streets and
215215 highways;
216216 2. The municipal governing body has adopted an ordinance
217217 governing the operation of golf carts and/or utility vehicles on
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244244 city streets; provided, such ordinances shall include necessary
245245 vehicle lighting and safety requirements;
246246 3. Golf carts or utility vehicles may operate on state highways
247247 only if making a perpe ndicular crossing of a state highway located
248248 within the boundaries of a municipality which has adopted an
249249 ordinance governing the operation of golf carts and/or utility
250250 vehicles; or
251251 4. The board of county commissioners of a county has approved
252252 the operation of golf cart and/or utility vehicle traffic on
253253 roadways within the county, and:
254254 a. the roadway has a posted speed limit of twenty -five
255255 (25) miles per hour or less,
256256 b. the roadway is located in an unincorporated area, and
257257 c. appropriate signage, cautioni ng motorists of the
258258 possibility of golf cart or utility vehicle traffic,
259259 is erected by the board of county commissioners ; or
260260 5. Street-legal utility vehicles registered as a motor vehicle
261261 pursuant to subsection B of Section 1 of this act. Provided,
262262 however, street-legal utility vehicles shall not be operated on the
263263 National System of Interstate and Defense Highways .
264264 D. All-terrain vehicles shall not be operated on the streets
265265 and highways of this state, except:
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292292 1. On unpaved roads which are located with in the boundaries of
293293 any property of the Forest Service of the United States Department
294294 of Agriculture;
295295 2. On highways if:
296296 a. the vehicle needs to make a direct crossing of the
297297 highway while the vehicle is traveling upon a
298298 regularly traveled trail and nee ds to continue travel
299299 from one area of the trail to another and, if the
300300 vehicle comes to a complete stop, yields the right -of-
301301 way to all oncoming traffic that constitutes an
302302 immediate hazard, and crosses the highway at an angle
303303 of approximately ninety (90) degrees to the direction
304304 of the street or highway. This exception shall not
305305 apply to divided highways or highways with a posted
306306 speed limit of more than thirty -five (35) miles per
307307 hour in the area of the crossing,
308308 b. the vehicle needs to travel on a high way in order to
309309 cross a railroad track. In that event, the all -
310310 terrain vehicle may travel for not more than three
311311 hundred (300) feet on a highway to cross a railroad
312312 track,
313313 c. the operator of the all -terrain vehicle making the
314314 crossing at a highway has a valid driver license, and
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341341 d. the operator of the vehicle makes a crossing on a
342342 highway during daylight hours only;
343343 3. On streets and highways within a municipality if the
344344 municipal governing body has adopted an ordinance governing the
345345 operation of golf ca rts, utility vehicles or all -terrain vehicles on
346346 streets and highways within the municipality; or
347347 4. On roadways within unincorporated areas of a county if those
348348 roadways are not part of the state highway system or the National
349349 System of Interstate and De fense Highways; provided, however, that
350350 the driver is a licensed driver.
351351 E. Mopeds, as defined by Section 1 -133.2 of this title, may be
352352 operated on the streets and highways of this state if:
353353 1. The municipal governing body has adopted an ordinance
354354 governing the operation of mopeds on city streets; provided, such
355355 ordinances shall include necessary vehicle lighting and safety
356356 requirements; or
357357 2. The board of county commissioners of a county has approved
358358 the operation of mopeds on roadways within the county , not including
359359 roadways within a municipality.
360360 SECTION 3. AMENDATORY 47 O.S. 2011, Section 1102, as
361361 last amended by Section 1, Chapter 57, O.S.L. 2016 (47 O.S. Supp.
362362 2020, Section 1102), is amended to read as follows:
363363 Section 1102. As used in the Oklahoma Vehicle License and
364364 Registration Act:
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391391 1. "All-terrain vehicle" means a vehicle manufactured and used
392392 exclusively for off-highway use traveling on four or more non -
393393 highway tires, and being fifty (50) inches or less in width;
394394 2. "Carrying capacity" means the carrying capacity of a vehicle
395395 as determined or declared in tons of cargo or payload by the owner;
396396 provided, that such declared capacity shall not be less than the
397397 minimum tonnage capacity fixed, listed or advertised by the
398398 manufacturer of any vehicle;
399399 3. "Certificate of title " means a document which is proof of
400400 legal ownership of a motor vehicle as described and provided for in
401401 Section 1105 of this title;
402402 4. "Chips and oil" or the term "road oil and crushed rock "
403403 means, with respect to materials authorized for use in the surfacing
404404 of roads or highways in this title or in any equivalent statute
405405 pertaining to road or highway surfacing in the State of Oklahoma,
406406 any asphaltic materials. Wherever chips and oil or road oil and
407407 crushed rock are authorized for use in the surfacing of roads or
408408 highways in this state, whether by the Department of Transportation,
409409 or by the county commissioners, or other road building authority
410410 subject to the Oklahoma Vehicle License and Registration Ac t,
411411 asphaltic materials are also authorized for use in such surfacing
412412 and construction;
413413 5. "Combined laden weight " means the weight of a truck or
414414 station wagon and its cargo or payload transported thereon, or the
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441441 weight of a truck or truck -tractor plus the weight of any trailers
442442 or semitrailers together with the cargo or payload transported
443443 thereon;
444444 6. "Commercial trailer" means any trailer, as defined in
445445 Section 1-180 of this title, or semitrailer, as defined in Section
446446 1-162 of this title, when such trai ler or semitrailer is used
447447 primarily for business or commercial purposes;
448448 7. "Commercial trailer dealer " means any person, firm or
449449 corporation engaged in the business of selling any new and unused,
450450 or used, or both new and used commercial trailers;
451451 8. "Commercial vehicle" means any vehicle over eight thousand
452452 (8,000) pounds combined laden weight used primarily for business or
453453 commercial purposes. Each motor vehicle being registered pursuant
454454 to the provisions of this section shall have the name of the
455455 commercial establishment or the words "Commercial Vehicle"
456456 permanently and prominently displayed upon the outside of the
457457 vehicle in letters not less than two (2) inches high. Such letters
458458 shall be in sharp contrast to the background and shall be of
459459 sufficient shape and color as to be readily legible during daylight
460460 hours, from a distance of fifty (50) feet while the vehicle is not
461461 in motion;
462462 9. "Commission" or "Tax Commission" means the Oklahoma Tax
463463 Commission;
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490490 10. "Construction machinery " means machines or devices drawn as
491491 trailers which are designed and used for construction, tree trimming
492492 and waste maintenance projects, which derive no revenue from the
493493 transportation of persons or property, whose use of the highway is
494494 only incidental and which are not mou nted or affixed to another
495495 vehicle; provided, construction machinery shall not include
496496 implements of husbandry as defined in Section 1 -125 of this title;
497497 11. "Dealer" means any person, firm, association, corporation
498498 or trust who sells, solicits or adverti ses the sale of new and
499499 unused motor vehicles and holds a bona fide contract or franchise in
500500 effect with a manufacturer or distributor of a particular make of
501501 new or unused motor vehicle or vehicles for the sale of same;
502502 12. "Mini-truck" means a foreign-manufactured import or
503503 domestic-manufactured vehicle powered by an internal combustion
504504 engine with a piston or rotor displacement of one thousand cubic
505505 centimeters (1,000 cu cm) or less, which is sixty -seven (67) inches
506506 or less in width, with an unladen dry weight of three thousand four
507507 hundred (3,400) pounds or less, traveling on four or more tires,
508508 having a top speed of approximately fifty -five (55) miles per hour,
509509 equipped with a bed or compartment for hauling, and having an
510510 enclosed passenger cab;
511511 13. "Interstate commerce" means any commerce moving between any
512512 place in a state and any place in another state or between places in
513513 the same state through another state;
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540540 14. "Laden weight" means the combined weight of a vehicle when
541541 fully equipped for use and the cargo or payload transported thereon;
542542 provided, that in no event shall the laden weight be less than the
543543 unladen weight of the vehicle fully equipped for use, plus the
544544 manufacturer's rated carrying capacity;
545545 15. "Local authorities" means every county, municipality or
546546 local board or body having authority to adopt police regulations
547547 under the Constitution and laws of this state;
548548 16. "Low-speed electrical vehicle " means any four-wheeled
549549 electrical vehicle that is powered by an electric motor that draws
550550 current from rechargeable storage batteries or other sources of
551551 electrical current and whose top speed is greater than twenty (20)
552552 miles per hour but not greater than twenty -five (25) miles per hour
553553 and is manufactured in compliance with the National Highw ay Traffic
554554 Safety Administration standards for low -speed vehicles in 49 C.F.R.
555555 571.500;
556556 17. "Manufactured home" means a residential dwelling built in
557557 accordance with the National Manufactured Housing Construction and
558558 Safety Standards Act of 1974, 42 U.S.C ., Section 5401 et seq., and
559559 rules promulgated pursuant thereto and the rules promulgated by the
560560 Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section
561561 582 of this title. Manufactured home shall not mean a park model
562562 recreational vehicle as defined in this section;
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589589 18. "Manufactured home dealer " means any person, firm or
590590 corporation engaged in the business of selling any new and unused,
591591 or used, or both new and used manufactured homes. Such information
592592 and a valid franchise letter as proof of authorization to sell any
593593 such new manufactured home product line or lines shall be attached
594594 to the application for a dealer license to sell manufactured homes.
595595 "Manufactured home dealer " shall not include any person, firm or
596596 corporation who sells or c ontracts for the sale of the dealer 's own
597597 personally titled manufactured home or homes. No person, firm or
598598 corporation shall be considered a manufactured home dealer as to any
599599 manufactured home purchased or acquired by such person, firm or
600600 corporation for purposes other than resale; provided, that the
601601 restriction set forth in this sentence shall not prevent an
602602 otherwise qualified person, firm or corporation from utilizing a
603603 single manufactured home as a sales office;
604604 19. "Medium-speed electrical vehicle " means any self-propelled,
605605 electrically powered four -wheeled motor vehicle, equipped with a
606606 roll cage or crush-proof body design, whose speed attainable in one
607607 (1) mile is more than thirty (30) miles per hour but not greater
608608 than thirty-five (35) miles per hour;
609609 20. "Motor license agent" means any person appointed,
610610 designated or authorized by the Oklahoma Tax Commission to collect
611611 the fees and to enforce the provisions provided for in the Oklahoma
612612 Vehicle License and Registration Act;
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639639 21. "New vehicle" or "unused vehicle" means a vehicle which has
640640 been in the possession of the manufacturer, distributor or
641641 wholesaler or has been sold only by the manufacturer, distributor or
642642 wholesaler to a dealer;
643643 22. "Nonresident" means any person who is not a resident of
644644 this state;
645645 23. "Off-road motorcycle" means any motorcycle, as defined in
646646 Section 1-135 of this title, when such motorcycle has been
647647 manufactured for and used exclusively off roads, highways and any
648648 other paved surfaces;
649649 24. "Owner" means any person owni ng, operating or possessing
650650 any vehicle herein defined;
651651 25. "Park model recreational vehicle " means a vehicle that is:
652652 a. designed and marketed as temporary living quarters for
653653 camping, recreational, seasonal or travel use,
654654 b. not permanently affixed to r eal property for use as a
655655 permanent dwelling,
656656 c. built on a single chassis mounted on wheels with a
657657 gross trailer area not exceeding four hundred (400)
658658 square feet in the setup mode, and
659659 d. certified by the manufacturer as complying with
660660 standard A119.5 of the American National Standards
661661 Institute, Inc.;
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688688 26. "Person" means any individual, copartner, joint venture,
689689 association, corporation, limited liability company, estate, trust,
690690 business trust, syndicate, the State of Oklahoma, or any county,
691691 city, municipality, school district or other political subdivision
692692 thereof, or any group or combination acting as a unit, or any
693693 receiver appointed by the state or federal court;
694694 27. "Rebodied vehicle" means a vehicle:
695695 a. which has been assembled using a new body or new major
696696 component which is of the identical type as the
697697 original vehicle and is licensed by the manufacturer
698698 of the original vehicle and other original, new or
699699 reconditioned parts. For purposes of this paragraph,
700700 "new body or new major component " means a new body,
701701 cab, frame, front end clip or rear end clip,
702702 b. which is not a salvage, rebuilt, or junked vehicle as
703703 defined by paragraph 1, 2, or 6 of subsection A of
704704 Section 1105 of this title, and
705705 c. for which the Tax Commission has assigned or will
706706 assign a new identifying number;
707707 28. "Recreational off-highway vehicle" means a vehicle
708708 manufactured and used exclusively for off -highway use, traveling on
709709 four or more non-highway tires, and being sixty -five (65) inches or
710710 less in width;
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737737 29. "Recreational vehicle" means every vehicle which is built
738738 on or permanently attached to a self -propelled motor chassis or
739739 chassis cab which becomes an integral part of the completed vehicle
740740 and is capable of being operated on the highways. In order to
741741 qualify as a recreational vehicle pursuant to this paragraph such
742742 vehicle shall be permanently constructed and equipped for human
743743 habitation, having its own sleeping and kitchen facilities,
744744 including permanently affixed cooking facilities, water tanks and
745745 holding tank with permanent toilet facilities. Recreational vehicle
746746 shall not include manufactured homes or any vehicle with portable
747747 sleeping, toilet and kitchen facilities which are designed to be
748748 removed from such vehicle. Recreational vehicle shall include park
749749 model recreational vehicles as defined in this section;
750750 30. "Remanufactured vehicle " means a vehicle which has been
751751 assembled by a vehicle remanufacturer using a new body and which may
752752 include original, reconditioned, or remanufactured parts, and which
753753 is not a salvage, rebuilt, or junked vehicle as defined by
754754 paragraphs 1, 2, and 6, respectively, of subsection A of Section
755755 1105 of this title;
756756 31. "Rental trailer" means all small or utility trailers or
757757 semitrailers constructed and suitable for towing by a passen ger
758758 automobile and designed only for carrying property, when the
759759 trailers or semitrailers are owned by, or are in the possession of,
760760 any person engaged in renting or leasing such trailers or
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787787 semitrailers for intrastate or interstate use or combined intrast ate
788788 and interstate use;
789789 32. "Special mobilized machinery " means special purpose
790790 machines or devices, either self -propelled or drawn as trailers or
791791 semitrailers, which derive no revenue from the transportation of
792792 persons or property, whose use of the highw ay is only incidental,
793793 and whose useful revenue producing service is performed at
794794 destinations in an area away from the traveled surface of an
795795 established open highway;
796796 33. "State" means the State of Oklahoma;
797797 34. "Station wagon" means any passenger vehi cle which does not
798798 have a separate luggage compartment or trunk and which does not have
799799 open beds, and has one or more rear seats readily lifted out or
800800 folded, whether same is called a station wagon or ranch wagon;
801801 35. "Street-legal utility vehicle (UTV)" means a vehicle
802802 meeting the description and specifications of Section 1 of this act;
803803 36. "Travel trailer" means any vehicular portable structure
804804 built on a chassis, used as a temporary dwelling for travel,
805805 recreational or vacational use, and, when factor y-equipped for the
806806 road, it shall have a body width not exceeding eight (8) feet and an
807807 overall length not exceeding forty (40) feet, including the hitch or
808808 coupling;
809809 36. 37. "Travel trailer dealer " means any person, firm or
810810 corporation engaged in the bus iness of selling any new and unused,
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837837 or used, or both new and used travel trailers. Such information and
838838 a valid franchise letter as proof of authorization to sell any such
839839 new travel trailer product line or lines shall be attached to the
840840 application for a dealer license to sell travel trailers. "Travel
841841 trailer dealer" shall not include any person, firm or corporation
842842 who sells or contracts for the sale of his or her own personally
843843 titled travel trailer or trailers. No person, firm or corporation
844844 shall be considered as a travel trailer dealer as to any travel
845845 trailer purchased or acquired by such person, firm or corporation
846846 for purposes other than resale;
847847 37. 38. "Used motor vehicle dealer " means "used motor vehicle
848848 dealer" as defined in Section 581 of t his title;
849849 38. 39. "Used vehicle" means any vehicle which has been sold,
850850 bargained, exchanged or given away, or used to the extent that it
851851 has become what is commonly known, and generally recognized, as a
852852 "secondhand" vehicle. This shall also include any vehicle other
853853 than a remanufactured vehicle, regardless of age, owned by any
854854 person who is not a dealer;
855855 39. 40. "Utility vehicle" means a vehicle powered by an
856856 internal combustion engine, manufactured and used exclusively for
857857 off-highway use, equipped w ith seating for two or more people and a
858858 steering wheel, traveling on four or more wheels;
859859 40. 41. "Vehicle" means any type of conveyance or device in,
860860 upon or by which a person or property is or may be transported from
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887887 one location to another upon the av enues of public access within the
888888 state. "Vehicle" does not include bicycles, trailers except travel
889889 trailers and rental trailers, or implements of husbandry as defined
890890 in Section 1-125 of this title. All implements of husbandry used as
891891 conveyances shall be required to display the owner 's driver license
892892 number or license plate number of any vehicle owned by the owner of
893893 the implement of husbandry on the rear of the implement in numbers
894894 not less than two (2) inches in height. The use of the owner 's
895895 Social Security number on the rear of the implement of husbandry
896896 shall not be required; and
897897 41. 42. "Vehicle remanufacturer " means a commercial entity
898898 which assembles remanufactured vehicles.
899899 SECTION 4. AMENDATORY 47 O.S. 2011, Section 1113, as
900900 last amended by Section 4, Chapter 208, O.S.L. 2018 (47 O.S. Supp.
901901 2020, Section 1113), is amended to read as follows:
902902 Section 1113. A. 1. Except for all -terrain vehicles, utility
903903 vehicles and motorcycles used exclusively off roads and highway s,
904904 upon the filing of a registration application and the payment of the
905905 fees provided for in the Oklahoma Vehicle License and Registration
906906 Act, the Oklahoma Tax Commission or Corporation Commission, as
907907 applicable, shall assign to the vehicle described in t he application
908908 a distinctive number, and issue to the owner of the vehicle a
909909 certificate of registration, one license plate and a yearly decal.
910910 The Oklahoma Tax Commission shall assign an all -terrain vehicle,
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937937 utility vehicle or motorcycle used exclusively off roads and
938938 highways a distinctive number and issue to the owner a certificate
939939 of registration and a decal but not a license plate. For each
940940 subsequent registration year, the Tax Commission shall issue a
941941 yearly decal to be affixed to the license plate, except for an all-
942942 terrain vehicle, utility vehicle or motorcycle used exclusively off
943943 roads and highways. The initial decal for an all -terrain vehicle,
944944 utility vehicle or motorcycle shall be attached to the front of the
945945 vehicle and shall be in clear view . The decal shall be on the front
946946 or on the front fork of the motorcycle used exclusively off roads
947947 and highways and the decal shall be in clear view. The yearly decal
948948 shall have an identification number and the last two numbers of the
949949 registration year for which it shall expire. Except as provided by
950950 Section 1113A of this title, the license plate shall be affixed to
951951 the exterior of the vehicle until a replacement license plate is
952952 applied for. If the owner applies for a replacement license plate,
953953 the Tax Commission shall charge the fee provided for in Section 1114
954954 of this title. The yearly decal will validate the license plate for
955955 each registration period other than the year the license plate is
956956 issued. The license plate and decal shall be of such size , color,
957957 design and numbering as the Tax Commission may direct. However,
958958 yearly decals issued to the owner of a vehicle who has filed an
959959 affidavit with the appropriate motor license agent in accordance
960960 with Section 7-607 of this title shall be a separate and distinct
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987987 color from all other decals issued under this section. Before the
988988 effective date of this act, the Tax Commission shall also issue a
989989 monthly decal which shall include a two -letter abbreviation
990990 corresponding to the county in which the vehicle i s registered. The
991991 Tax Commission shall issue all decals in the possession of the Tax
992992 Commission on the effective date of this act before issuing any
993993 decals which do not contain the county abbreviation.
994994 2. a. The operation of a street -legal utility vehicle on the
995995 streets and highways of this state requires the
996996 vehicle be issued a certificate of registration and
997997 license plate to be renewed annually. Upon the filing
998998 of a registration application and the payment of the
999999 fees provided for in the Oklahoma Vehi cle License and
10001000 Registration Act, the Oklahoma Tax Commission or
10011001 Corporation Commission, as applicable, shall assign to
10021002 the vehicle described in the application a distinctive
10031003 number, and issue to the owner of the vehicle a
10041004 certificate of registration, one license plate and a
10051005 yearly decal. For each subsequent registration year,
10061006 the Tax Commission shall issue a yearly decal to be
10071007 affixed to the license plate . The initial decal for a
10081008 street-legal utility vehicle shall be attached to the
10091009 front of the vehicle and shall be in clear view. The
10101010 yearly decal shall have an identification number and
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10371037 the last two numbers of the registration year for
10381038 which it shall expire. Except as provided by Section
10391039 1113A of this title, the license plate shall be
10401040 affixed to the exterior of the vehicle until a
10411041 replacement license plate is issued. If the owner
10421042 applies for a replacement license plate, the Tax
10431043 Commission shall charge the fee provided for in
10441044 Section 1114 of this title. The yearly decal will
10451045 validate the license plate f or each registration
10461046 period other than the year the license plate is
10471047 issued. The license plate and decal shall be of such
10481048 size, color, design and numbering as the Tax
10491049 Commission may direct. However, yearly decals issued
10501050 to the owner of a vehicle who has filed an affidavit
10511051 with the appropriate motor license agent in accordance
10521052 with Section 7-607 of this title shall be a separate
10531053 and distinct color from all other decals issued under
10541054 this section.
10551055 b. The Oklahoma Tax Commission shall design and issue a
10561056 temporary tag to out-of-state owners of street -legal
10571057 utility vehicles. The temporary tag shall be
10581058 recognized in lieu of registration in this state. The
10591059 temporary tag shall clearly indicate the date of
10601060 issuance and the date of expiration, which shall be
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10871087 five (5) days, including the day of issuance. Upon
10881088 application for a temporary tag, the out -of-state
10891089 owner shall show proof of insurance coverage that
10901090 satisfies the requirements of the Compulsory Insurance
10911091 Law pursuant Section 7 -600 et seq. of this title. The
10921092 Oklahoma Tax Commission is authorized to promulgate
10931093 rules and procedures to implement the provisions of
10941094 this subdivision.
10951095 3. The license plate shall be securely attached to the rear of
10961096 the vehicle, except truck -tractor plates which shall be attached to
10971097 the front of the vehicle. The Tax Commission may, with the
10981098 concurrence of the Department of Public Safety, by Joint Rule,
10991099 change and direct the manner, place and location of display of any
11001100 vehicle license plate when such action is deemed in the public
11011101 interest. The license plate, decal and all letters and numbers
11021102 shall be clearly visible at all times. The operation of a vehicle
11031103 in this state, regardless of where such vehicle is registered, upon
11041104 which the license plate is covered, overlaid or otherwise screene d
11051105 with any material, whether such material be clear, translucent,
11061106 tinted or opaque, shall be a violation of this paragraph.
11071107 3. 4. Upon payment of the annual registration fee provided in
11081108 Section 1133 of this title, the Tax Commission or Corporation
11091109 Commission, as applicable, or a motor license agent may issue a
11101110 permanent nonexpiring license plate to an owner of one hundred or
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11371137 more commercial motor vehicles and for vehicles registered under the
11381138 provisions of Section 1120 of this title. Upon payment of the
11391139 annual registration fee, the Tax Commission or Corporation
11401140 Commission shall issue a certificate of registration that shall be
11411141 carried at all times in the vehicle for which it is issued.
11421142 Provided, if the registrant submits its application through
11431143 electronic means, such qualified owners of one hundred or more
11441144 commercial motor vehicles, properly registered pursuant to the
11451145 provisions of Section 1133 of this title, may elect to receive a
11461146 permanent certificate of registration that shall be carried at all
11471147 times in the vehicle for which it is issued.
11481148 4. 5. Every vehicle owned by an agency of this state shall be
11491149 exempt from the payment of registration fees required by this title.
11501150 Provided, such vehicle shall be registered and shall otherwise
11511151 comply with the provisi ons of the Oklahoma Vehicle License and
11521152 Registration Act.
11531153 B. The license plates required under the provisions of this
11541154 title shall conform to the requirements and specifications listed
11551155 hereinafter:
11561156 1. Each license plate shall have a space for the placemen t of
11571157 the yearly decals for each succeeding year of registration after the
11581158 initial issue;
11591159 2. The provisions of the Oklahoma Vehicle License and
11601160 Registration Act regarding the issuance of yearly decals shall not
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11871187 apply to the issuance of apportioned license plates, including
11881188 license plates for state vehicles, and exempt plates for
11891189 governmental entities and fire departments organized pursuant to
11901190 Section 592 of Title 18 of the Oklahoma Statutes;
11911191 3. All license plates and decals shall be made with
11921192 reflectorized material as a background to the letters, numbers and
11931193 characters displayed thereon. The reflectorized material shall be
11941194 of such a nature as to provide effective and dependable brightness
11951195 during the service period for which the license plate or decal is
11961196 issued;
11971197 4. Except as otherwise provided in this subsection, the Tax
11981198 Commission shall design appropriate official license plates for all
11991199 state vehicles. Such license plates shall be permanent in nature
12001200 and designed in such manner as to remain with the vehic le for the
12011201 duration of the vehicle 's life span or until the title is
12021202 transferred to a nongovernmental owner;
12031203 5. Within the limits prescribed in this section, the Tax
12041204 Commission shall design appropriate official license plates for
12051205 vehicles of the Oklahoma Highway Patrol. The license plates shall
12061206 have the legend "Oklahoma OK" and shall contain the letters "OHP"
12071207 followed by the state seal and the badge number of the Highway
12081208 Patrol officer to whom the vehicle is assigned. The words "Oklahoma
12091209 Highway Patrol" shall also be included on such license plates;
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12361236 6. Within the limits prescribed in this section, the Tax
12371237 Commission shall design appropriate official license plates for
12381238 vehicles of the Oklahoma Military Department. Such license plates
12391239 shall have the legen d "Oklahoma OK" and shall contain the letters
12401240 "OMD" followed by the state seal and three numbers or letters as
12411241 designated by the Adjutant General. The words "Oklahoma Military
12421242 Department" shall also be included on such license plates;
12431243 7. Within the limit s prescribed in this section, the Tax
12441244 Commission shall design appropriate official license plates for
12451245 vehicles of the Oklahoma Department of Corrections. Such license
12461246 plates shall contain the letters "DOC" followed by the Department of
12471247 Corrections badge and three numbers or letters or combination of
12481248 both as designated by the Director of the agency. The words
12491249 "Department of Corrections " shall also be included on such license
12501250 plates; and
12511251 8. Within the limits prescribed in this section, the Oklahoma
12521252 Tourism and Recreation Department shall design any license plates
12531253 required by the initiation of a license plate reissuance by the
12541254 Oklahoma Tax Commission at the request of the Department of Public
12551255 Safety pursuant to the provisions of Section 1113.2 of this title.
12561256 Any such new designs shall be submitted by the Oklahoma Tourism and
12571257 Recreation Department to the Department of Public Safety for its
12581258 approval prior to being issued by the Oklahoma Tax Commission.
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12851285 C. Where the applicant has satisfactorily shown that the
12861286 applicant owns the vehicle sought to be registered but is unable to
12871287 produce documentary evidence of the ownership, a license plate may
12881288 be issued upon approval by the Tax Commission or Corporation
12891289 Commission, as applicable. In such instances the reason for not
12901290 issuing a certificate of title shall be indicated on the receipt
12911291 given to the applicant. It shall still be the duty of the applicant
12921292 to immediately take all necessary steps to obtain the Oklahoma
12931293 certificate of title and it shall be unlawful for the applicant to
12941294 sell the vehicle until the certificate has been obtained in the
12951295 applicant's name.
12961296 D. The certificate of registration provided for in this section
12971297 shall be in convenient form, and the certificate of registration, or
12981298 a certified copy or photost atic copy thereof, duly authenticated by
12991299 the Tax Commission or Corporation Commission, as applicable, shall
13001300 be carried at all times in or upon all vehicles so registered, in
13011301 such manner as to permit a ready examination thereof upon demand by
13021302 any peace officer of the state or duly authorized employee of the
13031303 Department of Public Safety. Any such officer or agent may seize
13041304 and hold such vehicle when the operator of the same does not have
13051305 the registration certificate in the operator 's possession or when
13061306 any such officer or agent determines that the registration
13071307 certificate has been obtained by misrepresentation of any essential
13081308 or material fact or when any number or identifying information
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13351335 appearing on such certificate has been changed, altered, obliterated
13361336 or concealed in any way, until the proper registration or
13371337 identification of such vehicle has been made or produced by the
13381338 owner thereof.
13391339 E. The purchaser of a new or used manufactured home shall,
13401340 within thirty (30) days of the date of purchase, register the home
13411341 with the Tax Commission or a motor license agent pursuant to the
13421342 provisions of Section 1117 of this title. For a new manufactured
13431343 home, it shall be the responsibility of the dealer selling the home
13441344 to place a temporary license plate on the home in th e same manner as
13451345 provided in Section 1128 of this title for other new motor vehicles.
13461346 For the first year that any manufactured home is registered in this
13471347 state, the Tax Commission shall issue a metal license plate which
13481348 shall be affixed to the manufacture d home. The temporary dealer
13491349 license plate or the metal license plate shall be displayed on the
13501350 manufactured home at all times when upon a public roadway; provided,
13511351 a repossession affidavit issued pursuant to Sections 1110 and 1126
13521352 of this title shall be permissible in lieu of a current license
13531353 plate and decal for the purposes of removing a repossessed
13541354 manufactured home to a secure location. Manufactured homes
13551355 previously registered and subject to ad valorem taxation as provided
13561356 by law shall have a decal a ffixed at the time ad valorem taxes are
13571357 paid for such manufactured home; provided, for a manufactured home
13581358 permanently affixed to real estate, no decal or license plate shall
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13851385 be required to be affixed and the owner thereof shall be given a
13861386 receipt upon payment of ad valorem taxes due on the home. The Tax
13871387 Commission shall make sufficient plates and decals available to the
13881388 various motor license agents of the state in order for an owner of a
13891389 manufactured home to acquire the plate or decal. A one -dollar fee
13901390 shall be charged for issuance of any plate or decal. The fee shall
13911391 be apportioned each month to the General Revenue Fund of the State
13921392 Treasury.
13931393 F. The decal shall be easily visible for purposes of
13941394 verification by a county assessor that the manufactured ho me is
13951395 properly assessed for ad valorem taxation. In the first year of
13961396 registration, a decal shall be issued for placement on the license
13971397 plate indicating payment of applicable registration fees and excise
13981398 taxes. A duplicate manufactured home registration decal shall be
13991399 affixed inside the window nearest the front door of the manufactured
14001400 home. In the second and all subsequent years for which the
14011401 manufactured home is subject to ad valorem taxation, an annual decal
14021402 shall be affixed inside the window nearest the front door as
14031403 evidence of payment of ad valorem taxes. The Tax Commission shall
14041404 issue decals to the various county treasurers of the state in order
14051405 for a manufactured home owner to obtain such decal each year. Upon
14061406 presentation of a valid ad valorem tax receipt, the manufactured
14071407 home owner shall be issued the annual decal.
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14341434 G. Upon the registration of a manufactured home in this state
14351435 for the first time or upon discovery of a manufactured home
14361436 previously registered within this state for which the inf ormation
14371437 required by this subsection is not known, the Tax Commission shall
14381438 obtain:
14391439 1. The name of the owner of the manufactured home;
14401440 2. The serial number or identification number of the
14411441 manufactured home;
14421442 3. A legal description or address of the locat ion for the home;
14431443 4. The actual retail selling price of the manufactured home
14441444 excluding Oklahoma taxes;
14451445 5. The certificate of title number for the home; and
14461446 6. Any other information which the Tax Commission deems to be
14471447 necessary.
14481448 The application for reg istration shall also include the school
14491449 district in which the manufactured home is located or is to be
14501450 located. The information shall be entered into a computer data
14511451 system which shall be used by the Tax Commission to provide
14521452 information to county assesso rs upon request by the assessor. The
14531453 assessor may request any information from the system in order to
14541454 properly assess a manufactured home for ad valorem taxation.
14551455 SECTION 5. AMENDATORY 47 O.S. 2011, Section 1115.3, is
14561456 amended to read as follows:
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14831483 Section 1115.3 A. Except as otherwise provided by this
14841484 section, all-terrain vehicles, utility vehicles and motorcycles used
14851485 exclusively off roads or highways shall be registered once with the
14861486 Oklahoma Tax Commission within thirty (30) da ys after purchase.
14871487 B. For all-terrain vehicles or motorcycles used exclusively off
14881488 roads or highways purchased prior to July 1, 2005, registration, as
14891489 otherwise required by Section 1115 of this title, shall not be
14901490 required, but shall be allowed at the opt ion of the owner of the
14911491 all-terrain vehicle or motorcycle used exclusively off roads or
14921492 highways.
14931493 C. For utility vehicles used exclusively off roads or highways
14941494 purchased prior to July 1, 2008, registration, as otherwise required
14951495 by Section 1115 of this t itle, shall not be required but shall be
14961496 allowed at the option of the owner of the utility vehicle used
14971497 exclusively off roads or highways.
14981498 D. All-terrain vehicles, utility vehicles or motorcycles used
14991499 exclusively off roads or highways owned or purchased b y a person
15001500 that possesses an agricultural exemption pursuant to Section 1358.1
15011501 of Title 68 of the Oklahoma Statutes may be registered as provided
15021502 by this section, but shall not require registration.
15031503 E. Vehicles meeting the specifications and description o f a
15041504 street-legal utility vehicle as described in Section 1 of this act
15051505 shall be required to receive a certificate of registration, license
15061506
15071507 Req. No. 5663 Page 31 1
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15321532 plate and yearly decal before operation on the streets and highways
15331533 of this state.
15341534 SECTION 6. This act shall become effective November 1, 2021 .
15351535
15361536 58-1-5663 JBH 12/22/20
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